Coville v. Liberty Mutual Insurance

Opinion

VERTEFEUILLE, J.

The plaintiff, Lisa Coville, appeals from the judgment for the defendant, Liberty Mutual Insurance Company, rendered after a jury trial in this action to recover underinsured motorist benefits. She contends that the trial court improperly (1) failed to charge the jury in accordance with the 2 Restatement (Second), Torts §§ 314Aand 324 (1965), and (2) charged the jury that it might consider whether the plaintiff was negligent in exiting the vehicle in which she was riding while that vehicle was moving. We reverse the judgment of the trial court and remand the case for a…